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Reasons
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(영문) 인천지방법원 2018.03.29 2015가단8833
손해배상(기)
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1. The Defendant’s KRW 12,00,000 as well as 5% per annum from October 1, 2009 to February 23, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who is engaged in the double-wing business, and the defendant was a person who operated the double-wing business in 2008 in the Sungsung City C.

B. On September 11, 2009, the Plaintiff filed a complaint against the Defendant for fraud on the ground that the Defendant did not comply with the agreement to return 100 copies of punishment at the end of April 201, 201 (hereinafter “instant agreement”).

C. On December 22, 2016, the Defendant was indicted in Incheon District Court 2015 High Court 3284, 3285, 3700 (combined) fraud, etc. The first instance court rendered a judgment of conviction of fines for the following facts of crime, etc., and the second instance court rendered a judgment of dismissal of appeal on February 14, 2018 at the appellate court that the Defendant appealed.

(At present, Supreme Court Decision 2018Do4310 Decided July 2009, the Defendant (Defendant) entered into an agreement with the victim A (Plaintiff) at the residence of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, stating that “If an appraisal and assessment is conducted by the Water Resources Corporation after bringing a quantitative salary in the redevelopment area, the victim may receive compensation.” On September 2009, the Defendant entered into an agreement with the victim, stating that “Around July 2009, the victim would take a total of 100 penalties by adding 20 copies to the loan punishment when the compensation becomes final and conclusive.”

However, even if the defendant borrowed 80 times from the victim, the defendant did not have the intention or ability to return 100 times to the victim.

The Defendant received 80,000,000,000 won from the victim around that time, and acquired it by fraud.

As of April 2009 and April 2010, the market price per 150,000 to 200,000.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 7, Eul's testimony of witness E, fact inquiry of the F, which is an incorporated association of this court, the purport of this court, and the whole arguments

2. Determination:

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